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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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I bought a flat leasehold with sitting tenant. I now am selling

Customer Question

I bought a flat leasehold with sitting tenant. I now am selling to that tenant. However landlord informs me I didn't have permission to let the flat & I have to have a variation of the lease. This is very costly.
A. I wasn't told about the lease prohibition
B. The short hold tenancy is still in the name of previous owners
c. Should my then conveying solicitor picked up the point in the lease & asked for the variation document at that time. My mortgage is buy to let & there was a tenant in the property. (The tenant wasn't related to or a friend of the previous owners) as per terms of lease.
D. I am also using the same management agency so surely someone should have been able to discuss this with me. I am also a first time buyer & very green in this area.
Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
You are selling the long leasehold on the flat to the tenant who is in occupation. So he will be buying a residential flat for himself. So, once that is done there will be no problem. I don't see why you need to do anything by way of altering the terms of your long leasehold if all you are doing is selling the flat.
Also there is a (slightly dubious) argument that whatever it says in the lease you bought it with a tenant and were entitled to believe this was acceptable. Further what can the head leaseholder/freeholder do about it anyway. He can only claim compensation if he has suffered losses. Has he? I doubt it.
This is something you need to discuss with your conveyancying solicitor for the sale. Hopefully he will say the same as me.
Customer: replied 2 years ago.
Thank you. Apparently my sale (which is at completion stage) cannot continue until the matter re the lease is satisfied. Is this a point in Law ? As you say it is not required now. I am being charged 1100.00 for them to draw up a sub lease/variation of deed, plus additional ground rent from 25.00 Increased to 100.00 & a premium (not sure what this is) in the figure of 1500.00? How do I proceed ?
Expert:  LondonlawyerJ replied 2 years ago.
What does your conveyancing solicitor say about this? I do not see why this is necessary but there may be an unusual clause in your lease which makes it necessary.
But otherwise I do not see why your sale can not complete.
Ordinarily your freeholder cannot block the sale.